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State v. Muller6/1/2005
Argued on April 27, 2005
[ .] Defendant moved to suppress all evidence obtained during a traffic stop in Watertown, South Dakota. Defendant alleged the traffic stop was in violation of his Fourth Amendment rights, as the officer's stop was based on erroneous information relayed by the Watertown police dispatch alleging Defendant's license plates were expired. As a consequence of the traffic stop, Defendant was arrested on suspicion of driving under the influence and driving under revocation. During the traffic stop, Defendant alleged he had renewed his license plates in Milbank, South Dakota. After a hearing on the motion to suppress, the trial court held that a traffic stop and subsequent arrest are invalid when an arresting officer acts upon information in records, which, though correct when put into records, has been erroneously retained in records through the fault of the State record keeping agency.
[ .] We reverse.
FACTS AND PROCEDURE
[ .] On November 22, 2003, at approximately 1:42 a.m., Marty Muller (Defendant) was observed driving a yellow Firebird in Watertown, South Dakota, by city police officer Tim Toomey. Officer Toomey's attention was drawn to Defendant's vehicle because of a loud exhaust system and because it was traveling ten miles per hour on snow packed roads. Officer Toomey followed Defendant's vehicle and observed it make several turns, traveling northbound, then westbound, turning southbound and westbound again. The license plate on Defendant's vehicle was covered with snow that obscured the lower half of the plate where current registration stickers are normally located. However, Officer Toomey was able to see the numbers on the plate and initiated a license plate check. Officer Toomey was informed by the Watertown police dispatch that the license plate had expired in March 2003.
[ .] Based on this information, Officer Toomey initiated a traffic stop by engaging the vehicle stop lights on his patrol car. Defendant's vehicle traveled one block to Third Street, turned northbound and turned into a parking lot before stopping. Once the vehicle stopped, Officer Toomey approached Defendant's vehicle and wiped the snow off of the license plate and found a registration sticker that appeared to be current and valid.
[ .] Officer Toomey then approached Defendant's driver side window in order to explain why he had initiated the traffic stop. When Officer Toomey made eye contact with Defendant, he immediately noticed Defendant's eyes were blood shot. As Officer Toomey leaned down to speak with Defendant in his vehicle, he noted an odor of an alcoholic beverage emanating from Defendant's vehicle.
[ .] Defendant was asked for his driver's license, but was able to produce only a South Dakota identification card. Defendant stated he had no other identification with him. Defendant was also unable to produce proof of registration, but was able to produce an expired insurance card. During the conversation, Officer Toomey observed Defendant's actions were slow, and his speech was slurred.
[ .] Officer Toomey then asked Defendant to come back to the patrol car in order to determine why Defendant's plates were coming back as expired. As Defendant walked toward the patrol car, he was staggering. Once in the patrol car, Officer Toomey noted an odor of alcoholic beverage on Defendant's breath as he spoke. Officer Toomey requested a driver's license check on Defendant, and was told by dispatch that Defendant's license was revoked. Defendant alleged he had renewed his plates in Milbank, South Dakota, but was unable to produce a current registration.
[ .] Based on Officer Toomey's observations of De
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